Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Since the entry into force of Decree No 2023-686 of 29 July 2023, on 1 November 2023 , the president may decide that the parties will be summoned to an amicable settlement hearing according to the procedures provided for in Articles 774-1 to 774-4 (Art. 776, para. 3, CPC).
According to Article 774-1, the court hearing a dispute concerning rights over which the parties have free disposal may, at th …

Referral of the case to an amicable settlement hearing

Since the entry into force of Decree No 2023-686 of 29 July 2023, on 1 November 2023 , the president may decide that the parties will be summoned to an amicable settlement hearing according to the procedures provided for in Articles 774-1 to 774-4 (Art. 776, para. 3, CPC).

According to Article 774-1, the court hearing a dispute concerning rights over which the parties have free disposal may, at the request of one of them or ex officio, after obtaining their opinion, decide that they will be summoned to an amicable settlement hearing. This hearing is conducted by a judge not sitting in the formation of judgment. This decision, considered as a judicial administration measure, does not divest the court of the dispute.

Article 774-3 in fine specifies that, at any time, the judge in charge of the amicable settlement hearing may terminate it, this decision also constituting a measure of judicial administration.

The amicable settlement hearing aims to resolve the dispute between the parties “through the balanced confrontation of their viewpoints, the assessment of their needs, positions, and respective interests, as well as the understanding of the legal principles applicable to the dispute” (Art. 774-2, para. 1, CPC).

It begins with the summoning of the parties by the court registry by any means, specifying that the parties must appear in person (Art. 774-3, para. 1 and 2, CPC). When representation by a lawyer is mandatory, the parties must appear assisted by their lawyer. In other cases, they may be assisted according to the terms provided in Article 762 of the Code of Civil Procedure (Art. 774-3, para. 3 and 4, CPC).

The hearing is held in chambers, without the presence of the court registry, according to the procedures set by the judge in charge of the amicable settlement hearing (Art. 774-3, para. 5, CPC). It is subject to the principle of confidentiality, unless agreed by the parties or for compelling reasons of public policy, protection of the child's best interests, or the physical or psychological integrity of the person, or when the disclosure of the existence or content of the resulting agreement is necessary for its implementation or enforcement (Art. 774-3, para. 6 and 7, CPC).

The judge in charge of the hearing may examine the submissions and exhibits exchanged, make necessary findings or reconstructions, visit the premises, organize the hearing as needed, and hear the parties separately (Art. 774-2, paras. 2, 3, and 4, CPC).

At the end of the hearing, the parties may request the judge in charge of the hearing to record their agreement, whether total or partial, in the presence of the court clerk, in accordance with Articles 130 and 131, para. 1 (Art. 774-4, para. 1, CPC). The judge then informs the judge handling the dispute of the end of the hearing and, if applicable, transmits the minutes of the agreement to them (Art. 774-4, para. 2, CPC).

Decree No 2023-686 of 29 July 2023 on measures promoting the amicable settlement of disputes before the Judicial Court, OJ of 30 November 2023.

2. Proceedings before the Judicial Court and the Commercial Court

48. Referral of the case to an amicable settlement hearing

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

48. Referral of the case to an amicable settlement hearing

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise